1 - Collective Action Complaint Seeking Declaratory Relief That The ...

12345678910111213141516171819202122232425262728Furlough Program on June 30, 2010. At the end of the 24-months, any unused furlough days wouldescheat to the state.10. On July 1, 2009, California Governor Arnold Schwarzenegger issued Executive Order S-13-09 (included as Exhibit “F”), which adopted a plan to implement a third furlough day for stateemployees, effective July 1, 2009 through June 30, 2010. This Order directs that “all State employeescovered by the original and amended furlough plans must use their accrued furlough days prior to usingvacation, annual leave, personal holiday, holiday credit, personal leave plan credit, and compensatorytime off.” 511. At all times relevant herein, the state has maintained a practice of establishing in eachcalendar year, twelve correlated state pay periods with pay day occurring at the end of each month.12. It has been a longstanding practice of the state to pay overtime pay earned in a given statepay period, before the end of the month, immediately following the pay period in which the overtimewas earned.13. Beginning with the initial furloughs effective February 1, 2009, Plaintiffs were ordered toreport to work on their furlough days with the promise that they will be compensated with a “furloughday off” in the future. Defendants require Plaintiffs to work their furlough days without paying themwithin the pay period in which they work. Pursuant to 29 U.S.C.§ 211(c), employees are required tokeep accurate records reflecting hours worked. There is no record keeping of which days workedconstitute that month’s furlough days. For those furlough hours that are used, there is no accounting ofwhether the hours used were accrued during that pay period or during a previous pay period.14. As of October 1, 2009, at least 2,352,940 worked furlough hours remain unreimbursed toCDCR employees. Included, as Exhibit “G”, is a breakdown by month of the number of furlough hoursworked and the number of hours used from February 2009 through September 2009 by CDCRemployees in Bargaining Unit 6 (“BU6"). 65 The accrued furlough hours are not compensatory time. See 29 U.S.C. § 207(o).6 This document was provided by Defendants as the first page of Exhibit G to the October 28, 2009, declaration of RobertDowns, Assistant Chief of Personnel Operations, CDCR, in support of Defendants’ opposition to CCPOA’s ongoing statecourt request for writ of mandate that the furloughs have led the State to violate various ministerial duties imposed upon it bythe California Labor Code. Case No. RG-09-441544, Alameda Superior Court.- 6 -Collective Action Complaint Seeking Declaratory Relief That The Furloughs Violate The FLSA